LLM. LE Tran Quoc Cong

Lecturer, International Law Faculty, Ho Chi Minh City University of Law

Abstract

Internet is changing the way we operate international trade. Besides traditional commercial aspects such as trade in goods, services, and commercial aspects of intellectual property, the existence of data trade is undeniable. The ability to transmit data across national borders becomes a vital part of daily business development and operation, especially for multinational enterprises in areas such as IT, e-commerce, finance and high technology. Almost all economic activities with internet applications must depend on the collecting, transfering and processing of data of customers, individuals, consumers, business information .... "No transfer, no trade" could be able to become a practical barrier to cross-border trade. The question is why countries must hinder cross-border data transfer when it is essential for international trade? The answer is privacy and cybersecurity. Limiting cross-border data flows, technical requirements for data flow or even requiring data collectors to place data in their own country territory to ensure protection that block of data. In the current international trade context, the country always has to consider two aspects, one is more freedom in accessing data to attract investment and trade development, but the other side is the core values have to protect, as privacy and security.

When it comes to the privacy and security in Internet platform, especially with the existence of the framework of new generation trade agreements such as CPTPP and EVFTA. Within CPTPP and EVFTA, Vietnam has made new commitment relating to regulations of cross-border data transfer. This article will examine the impacts of these commitments on Vietnamese law.